WASHINGTON — President Trump on Saturday unleashed an extended assault on the F.B.I. and the special counsel’s investigation, knitting together a comprehensive alternative story in which he had been framed by disgraced “losers” at the bureau’s highest levels.
In a two-hour span starting at 7 a.m., the president made a series of false claims on Twitter about his adversaries and the events surrounding the inquiry. He was responding to a report in The New York Times that, after he fired James B. Comey as F.B.I. director in 2017, the bureau began investigating whether the president had acted on behalf of Russia.
In his tweets,
- the president accused Hillary Clinton, without evidence, of breaking the law by lying to the F.B.I. He claimed that
- Mr. Comey was corrupt and best friends with the special counsel, Robert S. Mueller III.
- He said Mr. Mueller was employing a team of Democrats — another misleading assertion — bent on taking him down.
Individually, the president’s claims were familiar. But as the special counsel’s inquiry edges ever closer to him, Democrats vow a blizzard of investigations of their own and the government shutdown reaches record lengths, Mr. Trump compiled all the threads of the conspiracy theory he has pushed for many months in an effort to discredit the investigation.
Mr. Trump accused the F.B.I. of opening “for no reason” and “with no proof” an investigation in 2017 into whether he had been working against American interests on behalf of Russia, painting his own actions toward Russia as actually “FAR tougher” than those of his predecessors.
The Times article, published Friday evening, reported that law enforcement officials became so alarmed by Mr. Trump’s behavior surrounding his firing of Mr. Comey that they took the explosive step of opening a counterintelligence investigation against him.
Naming several of the bureau’s now-departed top officials, including Mr. Comey and his deputy, Andrew G. McCabe, Mr. Trump said the F.B.I. had “tried to do a number on your President,” accusing the “losers” of essentially fabricating a case. “Part of the Witch Hunt,” he wrote — referring dismissively to the investigation now being overseen by Mr. Mueller.
At the time he was fired in May 2017, Mr. Comey had been leading the F.B.I.’s investigation into Russia’s attempts to influence the 2016 presidential election, and the officials believed that his removal, in hindering the inquiry, posed a possible threat to national security. Their decision to open the case was informed, in part, by two instances in which Mr. Trump tied the firing to the Russia investigation.
The inquiry they opened had two aspects, including both the newly disclosed counterintelligence element and a criminal element that has long been publicly known: whether the firing constituted obstruction of justice.
When Mr. Mueller was appointed days later, he took over the joint inquiry as part of his larger investigation of Russia’s action in 2016 and whether anyone on the Trump campaign conspired with Moscow. It is not clear whether he is still pursuing the counterintelligence matter, and no public evidence has emerged that Mr. Trump himself secretly conspired with the Russian government or took directions from it.
Mr. Trump indicated on Saturday that he had not known of the existence of the counterintelligence investigation before the Times article, and he did not dispute the newspaper’s reporting.
But he made clear that he viewed any such inquiry as illegitimate from the start. He presented it, without evidence, as part of a vast, yearslong conspiracy to undo his presidency.
In the tweets, Mr. Trump defended his decision to fire Mr. Comey — “a total sleaze!” — at length, accusing the former director of overseeing a “rigged & botched” investigation of Mrs. Clinton, and leading the agency into “complete turmoil.” Democrats and Republicans alike wanted Mr. Comey removed, he said.
“My firing of James Comey was a great day for America,” Mr. Trump wrote. “He was a Crooked Cop.”
If he did, and used soldiers to build it, they would all be committing a federal crime.
President Trump on Friday said that he was considering the declaration of a “national emergency” along the border with Mexico, which he apparently believes would allow him to divert funds from the military budget to pay for a wall, and to use military personnel to build it.
While it is hard to know exactly what the president has in mind, or whether he has any conception about what it would entail, one thing is clear: Not only would such an action be illegal, but if members of the armed forces obeyed his command, they would be committing a federal crime.
Begin with the basics. From the founding onward, the American constitutional tradition has profoundly opposed the president’s use of the military to enforce domestic law. A key provision, rooted in an 1878 statute and added to the law in 1956, declares that whoever “willfully uses any part of the Army or the Air Force” to execute a law domestically “shall be fined under this title or imprisoned not more than two years” — except when “expressly authorized by the Constitution or Act of Congress.”
Another provision, grounded in a statute from 1807 and added to the law in 1981, requires the secretary of defense to “ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel)” must “not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.”
In response to the Hurricane Katrina disaster in New Orleans, Congress created an express exception to the rules, and authorized the military to play a backup role in “major public emergencies.” But in 2008 Congress and President Bush repealed this sweeping exception. Is President Trump aware of this express repudiation of the power which he is threatening to invoke?
The statute books do contain a series of carefully crafted exceptions to the general rule. Most relevantly, Congress has granted the Coast Guard broad powers to enforce the law within the domestic waters of the United States. But there is no similar provision granting the other military services a comparable power to “search, seize and arrest” along the Mexican border. Given Congress’s decision of 2008, this silence speaks louder than words. Similarly, the current military appropriations bill fails to exempt military professionals from criminal punishment for violating the law in their use of available funds.
It is, I suppose, possible to imagine a situation in which the president might take advantage of the most recent exception, enacted in 2011, which authorized the military detention of suspected terrorists associated with Al Qaeda or the Taliban. But despite President Trump’s unsupported claims about “terrorists” trying to cross the border, it is an unconscionable stretch to use this proviso to support using the military for operations against the desperate refugees from Central America seeking asylum in our country.
It is even less plausible for the president to suspend these restrictions under the National Emergencies Act of 1976. From the Great Depression through the Cold War, presidents systematically abused emergency powers granted them by Congress in some 470 statutes, culminating in the Watergate fiasco. In response, the first section of the 1976 act terminated all existing emergencies and created a framework of checks and balances on the president’s arbitrary will.
If President Trump declared an emergency, Section Five of the act gives the House of Representatives the right to repudiate it immediately, then pass their resolution to the Senate — which is explicitly required to conduct a floor vote within 15 days. Since President Trump’s “emergency” declaration would be a direct response to his failure to convince Congress that national security requires his wall, it is hard to believe that a majority of the Senate, if forced to vote, would accept his show of contempt for their authority.
The Supreme Court’s 1953 decision in Youngstown v. Sawyer would be critical in Congressional consideration of such a decision. In a canonical opinion by Justice Robert Jackson, the court invalidated President Truman’s attempt in 1952 to use his powers as commander in chief to nationalize steel mills in the face of labor strikes. The decision imposed fundamental constitutional limits on the president’s power to claim that a national emergency — in this case, the Korean War — allowed him to override express provisions preventing him from using those powers domestically.
There was always a yin-yang thing to conservatism. Its hard-headedness and philosophical realism about human nature and the limits it imposes on utopian schemes appealed to some and repulsed others. For those who see politics as a romantic enterprise, a means of pursuing collective salvation, conservatism seems mean-spirited. As Emerson put it: “There is always a certain meanness in the argument of conservatism, joined with a certain superiority in its fact.” That’s what Ben Shapiro is getting at when he says “Facts don’t care about your feelings.” The hitch is that the reverse is also true: Feelings don’t care about your facts. Tell a young progressive activist we can’t afford socialism and the response will be overtly or subliminally emotional: “Why don’t you care about poor people!” or “Why do you love billionaires!?”
.. What Is Neoconservatism?
Here’s the opening paragraph of the Wikipedia page for neoconservatism:
Neoconservatism (commonly shortened to neocon when labelling its adherents) is a political movement born in the United States during the 1960s among liberal hawkswho became disenchanted with the increasingly pacifist foreign policy of the Democratic Party, and the growing New Left and counterculture, in particular the Vietnam protests. Some also began to question their liberal beliefs regarding domestic policies such as the Great Society.
.. The first neocons were intellectual rebels against the Great Society and the leftward drift of American liberalism (The Public Interest, the first neocon journal, was launched in 1965. It was dedicated entirely to domestic affairs, not foreign policy). Unable to reconcile the facts with the feelings of liberalism, a host of intellectuals decided they would stick with the facts, even if it meant that former friends and allies would call them mean for doing so.
.. The Harrington essay that cemented the term “neoconservatism” in American discourse was titled “The Welfare State and Its Neoconservative Critics.” In other words, the original neoconservative critique wasn’t about foreign policy, but domestic policy.
.. According to William F. Buckley, the neoconservatives brought the rigor and language of sociology to conservatism, which until then had been overly, or at least too uniformly, Aristotelian. The Buckleyites (though certainly not folks like Burnham) tended to talk from first principles and natural laws and rights. The neocons looked at the data and discovered that the numbers tended to back up a lot of the things the Aristotelians had been saying... The idea that neoconservatism was primarily about foreign policy, specifically anti-Communism, further complicates things. Part of this is a by-product of the second wave of neoconservatives who joined the movement and the right in the 1970s, mostly through the pages of Commentary. These were rebels against not the welfare state but détente on the right and the radical anti-anti-Communists of the New Left (National Review ran a headline in 1971 on the awakening at Commentary: “Come on In, the Water’s Fine.”) Many of those writers, most famously Jeanne Kirkpatrick, ended up leading the intellectual shock troops of the Reagan administration.
It is certainly true that the foreign-policy neocons emphasized certain things more than generic conservatives, specifically the promotion of democracy abroad. In ill-intentioned hands, this fact is often used as a cover for invidious arguments about the how the neocons never really shed their Trotskyism and were still determined to “export revolution.” But for the most part, it can’t be supported by what these people actually wrote. Moreover, the idea that only neocons care about promoting democracy simply glosses over everything from the stated purpose of the First World War, the Marshall Plan, stuff like JFK’s inaugural address (“Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty”), and this thing called the Reagan Doctrine... And then there are the Joooooz. Outside of deranged comment sections and the swampy ecosystems of the “alt-right,” the sinister version of this theory is usually only hinted at or alluded to. Neocons only care about Israel is the Trojan horse that lets people get away with not saying the J-word. Those bagel-snarfing warmongers want real Americans to do their fighting for them. Pat Buchanan, when opposing the first Gulf War in 1992, listed only Jewish supporters of the war and then said they’d be sending “American kids with names like McAllister, Murphy, Gonzales and Leroy Brown” to do the fighting. Subtle... In his memoir, Irving Kristol, “the Godfather of the Neoconservatives,” argued that the movement had run its course and dissolved into the conservative movement generally.So today, neoconservatism has become what it started out as, an invidious term used by its opponents to single out and demonize people as inauthentic, un-American, unreliable, or otherwise suspicious heretics, traitors, or string-pullers. The chief difference is that they were once aliens in the midst of liberalism, now they are called aliens in the midst of conservatism. And it’s all bullsh**... The editor of American Greatness, a journal whose tagline should be “Coming Up with Reasons Why Donald Trump’s Sh** Doesn’t Stink 24/7” opens with “Neoconservatism is dead, long live American conservatism” and then, amazingly, proceeds to get dumber... A bit further on, he asserts that “for years, neoconservatives undermined and discredited the work of conservatives from Lincoln to Reagan . . .” This is so profoundly unserious that not only is it impossible to know where to begin, it’s a struggle to finish the sentence for fear the stupid will rub off. Does he have in mind the Straussians (Walter Berns, Robert Goldwin, et al.) at that neocon nest the American Enterprise Institute who wrote lovingly about Lincoln at book length for decades?
And what of the scores of neoconservatives who worked for Ronald Reagan and helped him advance the Reaganite agenda? Were they all fifth columnists? Or perhaps they were parasites attaching themselves to a “host organism,” as Buskirk repugnantly describes Kristol?
He doesn’t say, because Buskirk doesn’t rely on an argument. Save for a couple of Bill Kristol tweets out of context, he cites no writing and marshals no evidence. Instead, he lets a wink, or rather the stink, do all of his work. He knows his readers want to hear folderol about neocons. He knows they have their own insidious definitions of what they are and crave to have them confirmed. Bringing any definition or fact to his argument would get in the way of his naked assertions and slimy insinuations... American Greatness ran a piecefloating the idea that Trump’s “covfefe” tweet just might have been a brilliant piece of historically and linguistically literate statecraft. That’s actually plausible compared to the idea that Trump is Moses saving conservatism from a “a purified strain of backward idolatry.”
.. Who is in conflict with the best principles of America: the magazine that for 23 years lionized the founders, Lincoln, and Reagan or the website that rationalizes literally anything Donald Trump does — from crony capitalism to denigrating the First Amendment to paying off porn stars — as either the inventions of his enemies or a small price to pay for national greatness? Not every contributor to American Greatness is dedicated to the art of turd polishing, but that is the site’s larger mission.
.. Trump’s sense of persecution is as contagious as his debating style. Facts are being subordinated to feelings, and the dominant feelings among many Trumpists are simply ugly. And even those who have not turned ugly see no problem working hand in hand with those who have. And how could they, given who they herald as their Moses.